Ashraf AboArafe
Egypt Pleads Before the International Court of Justice to Request an Advisory Opinion on Israel’s Obligations as an Occupying Power in the Occupied Palestinian Territories
Egypt delivered an oral pleading before the International Court of Justice (ICJ) today, April 28, 2025, in connection with the request submitted by the United Nations General Assembly for an advisory opinion regarding Israel’s obligations as an occupying power in the occupied Palestinian territories. Representing Egypt before the Court were Ambassador Hatem Abdelkader, Assistant Foreign Minister for International Legal Affairs and Treaties, and Legal Advisor Dr. Yasmin Moussa from the office of the Foreign Minister.
During the pleading, the Egyptian delegation emphasized that Israel’s grave violations of international humanitarian law and international human rights law in the occupied Palestinian territories form part of widespread, systematic, and comprehensive measures aimed at imposing a fait accompli and effecting de facto annexation of Palestinian lands. The delegation pointed out that this policy is substantiated by public statements from senior Israeli officials, Knesset legislation, and ongoing Israeli efforts to undermine the role of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) and to dry up its funding sources, in an attempt to obstruct the Palestinian people’s right of return — a core element of their right to self-determination guaranteed under international law and the UN Charter.
The Egyptian delegation further highlighted that these actions coincided with Israel’s continued implementation of forced evictions and repeated displacement operations under the pretext of so-called “evacuation orders,” resulting in the forcible transfer of Palestinians to areas lacking the basic necessities for life and obstructing the delivery of essential supplies and services. This is part of a systematic policy intended to render Gaza uninhabitable.
The delegation noted that since October 2023, Israel has deliberately employed a policy of starvation and complete blockade against Gaza as a weapon directed against civilians. Israel has intensified this weaponization by arbitrarily and deliberately closing all border crossings to Gaza, preventing the entry of food, potable water, fuel, medical supplies, and other basic necessities. This policy is taking place alongside the continuation of Israel’s brutal aggression against Gaza, which has led to the deaths of over 52,000 innocent civilians — the majority of whom are women and children — since October 2023. Israel continues to target civilians and critical infrastructure necessary for the survival of the Palestinian population. Additionally, Israeli occupation forces have escalated attacks against medical and humanitarian workers, driving Gaza into a full-fledged humanitarian catastrophe.
The Egyptian pleading focused on presenting legal arguments demonstrating Israel’s obligations as a UN Member State under the UN Charter, as well as under the Convention on the Privileges and Immunities of the United Nations, in addition to its responsibilities as an occupying power to ensure and facilitate the unhindered provision of urgent supplies and humanitarian aid, in accordance with international humanitarian law and international human rights law.
The delegation stressed that Israel has flagrantly violated its international obligations through systematic targeting of civilians and humanitarian workers, as well as through the imposition of legal and administrative obstacles restricting humanitarian aid delivery and the direct targeting of humanitarian infrastructure — including the deliberate shelling of the Rafah crossing to disable it and seize the Palestinian side, followed by Israel’s military assault on the city of Rafah. Rafah had been a refuge for over one million Palestinians and a main hub for delivering humanitarian aid into Gaza. These actions inflicted severe damage on humanitarian operations and further exacerbated the catastrophic humanitarian situation, forcing humanitarian agencies to withdraw to safeguard their personnel, which led to the cessation of humanitarian aid delivery through Rafah — the lifeline of Gaza.
The Egyptian delegation concluded by urging the Court to state in its advisory opinion that the continued Israeli occupation of Palestinian territories constitutes an ongoing violation of international law, and that Israel’s obligations as an occupying power persist throughout the entire occupied Palestinian territory until the occupation is brought to an end. The delegation also requested the Court to affirm that Israel must make full reparation, including the immediate and unconditional lifting of the blockade on Gaza, the wide and secure facilitation of humanitarian supply deliveries through all crossings, the prompt implementation of UN Security Council Resolution 2735, the agreement on an urgent humanitarian relief plan for Palestinian civilians, and the facilitation of its full implementation.
Furthermore, Egypt requested the Court to declare that Israel must cease any obstruction of UN agencies’ operations, including UNRWA, and third states providing humanitarian assistance, revoke its unlawful legislations concerning UNRWA, and respect the privileges and immunities granted to UN agencies. The Court was also urged to affirm that the Palestinian people’s right to self-determination includes the right to pursue their economic, social, and cultural development on their land, including the right to receive development assistance for early recovery and reconstruction, and the right not to be forcibly displaced or expelled from their land.
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